Bengaluru, Dec 9 (NationPress) The Karnataka High Court on Tuesday rescinded its temporary order that had put a hold on the government notification requiring registered industrial establishments to grant one-day menstrual leave for working women. The case is set for hearing on Wednesday.

A bench led by Justice M. Jyothi made this ruling after Advocate General Shashi Kiran Shetty highlighted the issue during the court session just before lunch and urged the judge to revisit the previous stay order. The Advocate General wanted the court to withdraw the earlier ruling, and the court agreed to consider this request and has scheduled the matter for tomorrow's hearing.

Previously, the Karnataka High Court had issued an interim order halting the government notification mandating industrial establishments to offer one-day menstrual leave for female employees while instructing the government to submit objections.

This order was prompted by a petition challenging the government's directive from the Bangalore Hotels Association and Avirata AFL Connectivity Systems Limited. The case will be rescheduled after the winter break. The bench also permitted petitioners to seek changes to the order at a later time.

The bench inquired whether the government had consulted or listened to the management prior to issuing the notification. The counsel confirmed that it had not. Consequently, the court issued the interim order.

The government notification, released on November 20, mandated that industrial establishments provide paid menstrual leave to women employees.

The petitioners' counsel contended that the government had enacted an executive order obligating establishments to grant menstrual leave.

The counsel argued that existing labor laws already offer a comprehensive leave policy, which does not include any requirement for employers to provide menstrual leave.

The petition challenging the government order asserts that establishments are registered under various labor laws – including the Factories Act, the Karnataka Shops and Commercial Establishments Act, the Plantations Labour Act, the Beedi and Cigar Workers (Conditions of Employment) Act, and the Motor Transport Workers Act. Under these regulations, employees are only entitled to 12 days of leave annually.

The aforementioned laws contain no provision obligating employers to offer menstrual leave to female employees. Thus, the government lacks the authority to mandate industrial establishments to provide menstrual leave through an executive order, according to the petition.

Furthermore, the petition claims that the government order is unconstitutional and contravenes Article 14 of the Constitution of India.

Karnataka recently introduced a one-day menstrual leave policy for working women, allowing women aged 18 to 52 years to take one day of paid leave each month.

This new policy aims to provide women with a paid day off during menstruation. It applies to permanent, contractual, and outsourced employees.

The directive was issued by the government on November 12, instructing employers to allow 12 paid leaves.